(b)

1. (1) A retiree shall submit to the Arkansas Teacher Retirement System a Social Security Administration determination letter that finds the retiree disabled within thirty-six (36) months from:

   1. (A) July 1, 2015, if the retiree’s effective retirement date is before July 1, 2015; or
   2. (B) The retiree’s effective retirement date if the effective date of retirement is on or after July 1, 2015.

2. (2) A retiree may apply to the system for an extension of the thirty-six-month deadline if the retiree demonstrates through an administrative or judicial confirmation of an active Social Security Administration claim that the claim is:

   1. (A) Still under review;
   2. (B) Part of a continuous claim without voluntary dismissal or withdrawal; and
   3. (C) The Social Security Administration disability claim was filed and remained active for at least twenty-four (24) months before the thirty-six-month deadline.

(c) The system shall suspend disability retirement benefit payments to a retiree if the retiree does not:

1. (1) Provide the system with a Social Security Administration determination letter finding the retiree disabled within the thirty-six-month deadline;
2. (2) Receive an extension of the thirty-six-month deadline to provide the system with a Social Security Administration determination letter finding the retiree disabled; or
3. (3) Apply to the medical committee for a review by the end of the third full calendar month immediately following the system’s suspension of disability retirement benefit payments to the retiree due to the retiree’s failure to provide a Social Security Administration determination letter finding the retiree disabled.

(d)

1. (1) A retiree who attempts and is unable to receive a Social Security Administration determination letter finding the retiree disabled may apply for a review by the medical committee if the member submits either an unfavorable Social Security Administration determination letter finding that the retiree is not disabled or documentation showing that the retiree applied for Social Security Administration benefits before the thirty-six-month deadline to submit a favorable Social Security Administration determination letter finding the retiree disabled expired.

2. (2) A retiree may apply for a review by the medical committee:

   1. (A) No earlier than three (3) full calendar months before the date on which the retiree’s disability retirement benefit payment would otherwise be suspended; and
   2. (B) No later than by then end of the third full calendar month immediately following the system’s suspension of disability retirement benefit payments to the retiree.
3. (3) A review performed by the medical committee shall follow the standards and procedures in Arkansas Code § 24-7-704(a)(1)(E).

4. (4)

   1. (A) After a disability review is held due to the Social Security Administration finding that a member is not disabled, the medical committee’s recommendations shall be submitted to the Board of Trustees of the Arkansas Teacher Retirement System for a final order.
   2. (B) If a member is denied further disability benefits after a disability review by the medical committee, the member may:

(i) Offer additional medical information within thirty (30) days of the date of the disability review; and

1. (ii) Request that the board return the matter to the medical committee for reconsideration.

   1. (C)

      1. (i) Disability retirement benefit payments to a member shall resume in the month immediately following the board’s entry of an order finding the member eligible to receive disability retirement benefits if the board had previously entered an order finding the member ineligible to receive disability retirement benefits.
      2. (ii) If the board enters an order finding a member eligible to receive disability retirement benefits, the member shall not be entitled to retroactive back pay of disability retirement benefits if the:

(b) (b) Member did not submit a favorable Social Security Administration determination letter within thirty-six (36) months of his or her effective date of disability retirement; and

1. (c) (c) Member submits a favorable Social Security Administration determination letter after the board entered the order finding the member ineligible to receive disability retirement benefits.

(f) A retiree shall begin receiving regular retirement benefits as if the retiree voluntarily retired and a Social Security Administration determination letter shall not be required if the retiree:

1. (1) Attains fifty-seven (57) years of age in the month the retiree’s disability retirement benefits become effective; or
2. (2) Attains sixty (60) years of age.